Olukayode Majekodunmi (LLM, Notre Dame)
“The judge is not a mere machine. He has to have a heart as well as a head” – Justice Charles Evans Hughes, the 11th Chief Justice of the United States of America.
The timeline was around 2003/04, and it all started at the Lagos Campus of the Nigerian Law School in Victoria Island. It was at the commencement of our court attachments. We, the students, often discussed our experiences in the courts. Arguments ensued amongst us, each trying to assert that they were assigned to the best judge. Notably, these debates frequently revolved around Honourable Justices Abiru, Oyewole, Coker, and Okunnu. I was in Justice Okunnu’s court and always advocated that my best experiences were in her court.
We were called to the Bar in 2004, and the realities of the legal profession dawned on us. I undertook my National Youth Service Program in Lagos, precisely at EkoEkete Chambers. Here, providence brought me into contact with most of the judges who had been the focus of our discussions at the law school.
My first significant encounter with Justice Abiru, then sitting as a judge of the High Court of Lagos State was in an action against a Local Government where we raised our usual preliminary objections. It was a long-drawn argument in court, and one couldn’t help but admire My Lord’s sagacity. He was always punctual, entering the courtroom with his personal laptop aside from the case files. It seemed he had an in-depth knowledge of all his files, and no lawyer could play around in his court. Lawyers and non-lawyers alike would come into the court to enjoy the beauty of advocacy and the brilliance of the noble judge.
My next encounter with Justice Abiru was on an eventful Monday in 2005, after I had won the star prize in a national current affairs competition on the National Television Authority (NTA) called ‘Flying High’. When I announced my appearance, My Lord graciously congratulated me in a packed courtroom for the feat I achieved on the nationally televised competition. I felt like a celebrity for a moment as I had to explain to the entire court what the program was about and how he had watched it with his family.
Our paths crossed again when I joined the Lagos State Ministry of Justice, and I was assigned to handle a very important land matter before His Lordship at the Ikorodu High Court. The case involved a large piece of land the government had acquired for public interest, specifically for a residential scheme. The claimants had filed an injunction application, pending a hearing by the court. However, without my knowledge as the counsel defending the government’s acquisition, some state agents cleared the farmland. Consequently, the claimants brought a contempt proceeding against all defendants.
What was instructive in this case was that all the cited defendants were top government officials. I filed the necessary papers on behalf of the state, but there was no way to defend the actions of state officials who cleared the land during the pendency of the suit without informing the state’s lawyers. Therefore, I chose to say nothing about the clearing of the farmland. The court emphasized that all those cited for contempt must be physically present, prompting the then Executive Secretary of Land Use and Allocation to attend the proceedings to make atonement.
There was another day in court when My Lord came in with his usual laptop and sat down for the day’s business. He delivered two rulings and four judgments. While reading the last judgment, a lawyer beside me whispered in pidgin English: “My Friend, this My Lord no dey do any other thing o. This My Lord, no get girlfriend o.” We both burst into laughter as the delivery of those rulings and judgments were so smooth and engaging.
As I attempt to bring this to a close, I must recall an article from My Lord, Justice Abiru in the journal of the Faculty of Law of Olabisi Onabanjo University, Ago Iwoye, Ogun State. In that article which was written around 2004 or there about. It was as if he saw today. He wrote powerfully about the problems of having contradictory decisions from the court of appeal and suggested solutions. As at the time he wrote the piece, the problem was not this prevalent, and one must always salute the sagacity and erudition of My Lord and he is best suited for our Supreme Court of today.
I respectfully submit that Hon Justice Habeeb Adewale Abiru is a worthy addition to the Supreme Court of Nigeria.
*Olukayode Majekodunmi (LLM, Notre Dame)